What would happen if ...

[queentonic]

Question: What would happen if a red state refuses to certify election results and it goes past the December 14th Electoral College deadline? Would it automatically go to the House of Representatives where the Repugs have a 26-23 vote superiority over the D's? Just curious because I don't think the constitution addresses this possibility.

[unblock]

1. It does address it and it has happened already (1876)

It only goes to the house if no candidate has a majority of certified electoral votes. If Biden has enough of a margin, a red state or two can mess around and it won't matter.

If enough do, then yes, the house decides, but it's the new Congress, not the current one.

Hopefully we have a majority of state delegations by then.


1876 was resolved with the infamous compromise that gave Hayes the Oval Office in exchange for ending reconstruction in the south.

Some of the early elections also went to the house.

[Proud liberal 80]

4. Trying to understand

If it is a majority if certified electoral votes, then why would it matter if all red states decided to not certify their results? Hell, wouldn’t that actually give Biden a bigger majority?

[unblock]

5. Sorry, I phrased that poorly

I means 270 certified electoral votes. A majority of all available electoral votes (538) have to be certified for one candidate. Point is, if Biden win 400 electoral votes, but a few red states he won refuse to certify, then maybe he has 350 certified electoral votes but that's still more than enough.

Enough red states would have to refuse to certify to Biden's count below 270 certified electoral votes.

[Proud liberal 80]

7. Copy, thanks!

[Sneederbunk]

2. You are confusing Senate with House.

Dems have majority in House.

[Proud liberal 80]

3. No he isn't

The Dems have a representative majority, but not a state majority. And when the house has to choose a president it’s based off of states not individual representatives

[unblock]

6. For this specific purpose only, each state gets one vote.

The entire California delegation gets one vote, same as Wyoming's

[Proud liberal 80]

8. Yeah

Which is completely bullshit

[sarisataka]

9. 12th Amendment

To become President the winner needs a majority of appointed electors. If a state does not appoint electors, the 270 number will be reduced. It will only go to Congress if no candidate has a majority.